## Facts

- Pregnant Marcella Noble and her five-year-old daughter, Sherry Noble, arrived at Union Station in Louisville around 1:45–2:00 a.m. and hired a taxi operated by Louisville Transfer Co., driven by James Wood, Sr., to take them home.
- During the trip, Sherry was nauseated and vomited inside the taxi.
- After reaching the Nobles’ home, Mrs. Noble testified that Wood ordered her to clean the vomit from the cab.
- Mrs. Noble testified that she went into her dark house to get a rag while Wood stayed outside with Sherry near the taxi.
- Mrs. Noble claimed Wood held Sherry near the cab and that she cleaned the taxi because she was afraid of him given the late hour, the darkness, and his size.
- Mrs. Noble also claimed Wood directed her to check the cleaned area for any remaining odor.
- Wood denied restraining Sherry and denied holding her in his arms; he testified that Sherry began heaving again outside the cab, that he said, “Why, honey, you are not through vomiting yet, are you?,” and that he only touched her shoulder (even “with my little finger”) to keep her from falling over.
- After the cleaning and payment of the fare, Wood left. Mrs. Noble and Sherry went inside, and Mrs. Noble reported the incident to her husband.
- Mrs. Noble and Sherry filed separate tort actions against Wood and the taxi company for assault, battery, and false imprisonment.
- At the close of the plaintiffs’ evidence, the trial court directed verdicts for the defendants, and the Nobles appealed.

## Issues

1. Whether the plaintiffs’ evidence, viewed most favorably to them, was sufficient to allow a jury to find that Wood unlawfully restrained or confined Sherry (and, by extension, Mrs. Noble), constituting false imprisonment.
2. Whether the evidence was sufficient to allow a jury to find a battery based on Wood’s alleged physical contact with Sherry while she was sick outside the taxi.
3. Whether Wood’s words and conduct were sufficient to allow a jury to find an assault by creating a reasonable apprehension of imminent harmful or offensive contact.

## Decision

- The Court of Appeals of Kentucky affirmed the directed verdicts for the defendants.
- The court held the plaintiffs’ proof did not provide enough evidence to submit assault, battery, or false imprisonment to the jury.
- The court concluded the proof showed, at most, brief and nonhostile contact with a sick child and did not show the kind of restraint, intent, or threatening conduct required for the pleaded intentional torts.

## Legal Principles

- False imprisonment requires an unlawful restraint or confinement of a person’s freedom of movement; a plaintiff must show actual restraint (by force, threat, or other means of control), not simply fear or discomfort.
- Battery requires harmful or offensive physical contact and intent to bring about such harmful or offensive contact; slight, protective, or incidental touching without hostile intent is not enough.
- Assault requires an intentional act that would cause a reasonable person to apprehend imminent harmful or offensive contact; subjective fear alone does not establish assault without conduct that reasonably appears threatening.
- A directed verdict is proper when, even giving the plaintiff the benefit of reasonable inferences, the evidence lacks sufficient probative value on one or more essential elements of the claim.

## Conclusion

Because the plaintiffs’ evidence did not show that Wood actually restrained Sherry or that he engaged in harmful or offensive contact (or objectively threatening conduct) with the intent required for assault or battery, the trial court correctly directed verdicts for the driver and the taxi company, and the appellate court affirmed.


Noble v. Louisville Transfer Co., 255 S.W.2d 493 (1952)